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(영문) 광주지방법원 2016.08.26 2016고합175

성폭력범죄의처벌등에관한특례법위반(특수강제추행)등

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A defendant shall be punished by imprisonment for not less than two years and six months.

The personal information of the defendant against the defendant shall be used through an information and communications network for a period of five years.

Reasons

Criminal facts

The facts of the cause of the request for attachment order and the respondent for attachment order (hereinafter the defendant) are the neighbors who reside in the same building as the injured party C (a family name, leisure, living in March 201, 5) and D apartment in Gwangju Mine-gu 106.

[2] The Defendant, from October 27, 2015 to May 2016, 2016, deemed the above victim who had been mixed in the above D apartment 106-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (hereinafter “the victim”).

However, the defendant's refusal to do so by the victim

"............. the victim's resistance was prevented by drinking at times, and the victim's right arms were towed, and the victim's right arms was moved to the defendant's house No. 106 Do 105.

In addition, the defendant shows the knife, which is dangerous to the victim in the house of the defendant, and was off the victim's panty and off the panty, and got off the victim several times.

As such, the Defendant: (a) kidnapped the victim for the purpose of committing an indecent act; and (b) forced the victim to commit an indecent act by carrying dangerous objects.

The summary of the facts charged of this case shows the knife, which is a dangerous thing for the victim, and "the knife knife knife knife knife knife knife knife knife knife knife."

“The victim initially shown the knife on the part of the victim.” However, the victim initially shown the knife to the victim.

After making a statement (35,36 pages of stenographic records) it was stated that the defendant shown knife in the defendant's house and that he did not show knife in the play place (49,50 pages of stenographic records), and that there is no difference in the fact that the defendant committed an indecent act by threatening the victim in knife, it is likely that the defendant may have a substantial disadvantage in exercising his defense

Since it is not visible, it is recognized ex officio without changing the indictment.

[Judgment of the court below] The defendant is the defendant.